was entirely
mistaken in saying so. His house was on Pennsylvania Avenue, more than a
mile from where the Pearl lay, and I was not within a mile of it that
night. I dare say Upperman was sincere enough. He was one of your
positive sort of men; but his case, like that of Houver, shows that men
in a passion will sometimes fall into blunders. I have reason to believe
that after the trials were over Upperman became satisfied of his error.

The first trial had consumed a week; the second one lasted four days.
The judge laid down the same law as before, and similar exceptions were
taken by my counsel. The jury again remained out all night, being long
divided,--nine for conviction to three for acquittal; but on the morning
of August 9th they came in with a verdict of GUILTY.

Satisfied for the present with these two verdicts against me, the
District Attorney now proposed to pass over the rest of my cases, and to
proceed to try Sayres. My counsel objected that, having been forced to
proceed against my remonstrances, I was here ready for trial, and they
insisted that all my cases should be now disposed of. They did not
prevail, however; and the District Attorney proceeded to try Sayres on
an indictment for stealing the same two slaves of Houver.

In addition to the former witnesses against me, English was now put upon
the stand, the District Attorney having first entered _nolle prosequi_
upon the hundred and fifteen indictments against him. But he could state
nothing except the circumstances of his connection with the affair, and
the coming on board of the passengers on Saturday night, as I have
already related them. On the other hand, the "phantom brig" story, of
which the District Attorney had made so great a handle in the two cases
against me, was now ruled out, on the ground that the brig could not be
brought into the case till some connection had first been shown between
her and the Pearl. The trial lasted three days. The District Attorney
pressed for a conviction with no less violence than he had done in my
case, assuring the jury that if they did not convict there was an end of
the security of slave property. But Sayres had several advantages over
me. My two juries had been citizens of Washington, several of them
belonging to a class of loafers who frequent the courts for the sake of
the fees to be got as jurymen. Some complaints having been made of this,
the officers had been sent to Georgetown and the country districts